An abuse survivor is set to take his legal battle over the scope of an inquiry into a paedophile ring at the notorious Kincora care home to the UK’s Supreme Court.

Even though senior judges in Belfast refused to grant leave for Gary Hoy to mount a further appeal, his lawyers confirmed they will now petition directly for a hearing in London.

Mr Hoy, 54, a former resident at the home, claims the current probe being carried out by the Historical Institutional Abuse Inquiry (HIA) in Banbridge lacks the power to properly scrutinise allegations that child abuse was covered up during the 1970s to protect an intelligence-gathering operation.

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In May the Court of Appeal dismissed his bid to compel the Secretary of State to order a human rights-compliant probe.

It upheld a ruling that the examination into claims of state collusion in the Kincora scandal should remain within the current remit of the HIA.

At the time Lord Chief Justice Sir Declan Morgan held that the HIA is entitled to proceed with its scrutiny of systemic failings.

However, he stressed that any truth in claims that boys at Kincora were abused and prostituted for interests of national security must be exposed. But with the HIA’s probe into Kincora continuing, Mr Hoy’s lawyers have continued with their fight.

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They contend that the present arrangements cannot compel the security services to hand over documents or testify. Instead, they are pressing for a declaration that Mr Hoy is entitled to an inquiry that meets his entitlements to freedom from torture, inhuman and degrading treatment or punishment under Article 3 of the European Convention on Human Rights.

It is alleged that the security service shielded and blackmailed child sex abusers involved in the abuse at Kincora. Calls for full scrutiny of the suspected systemic molestation and prostitution of vulnerable youngsters has grown ever since three senior staff were jailed in 1981 for abusing boys in their care.

It has long been suspected that well-known figures within the British establishment, including high-ranking civil servants and senior military officers, were involved.

Counsel for Mr Hoy went before the Court of Appeal today to apply for permission to challenge its ruling at the Supreme Court. Sir Declan confirmed normal practice of refusing leave.

However, he added: “That will enable you to proceed... with your petition.” Outside court Mr Hoy’s legal representatives said they will now make the application for a hearing in London.